The Disputes Committee Copyright
Before you submit your dispute to the Disputes Committee Copyright, there are a number of aspects that you should consider:
– If you have gone through our internal complaint procedure and we could not come up with a solution together, you can turn to the Disputes Committee Copyright.
– You can do this even if you do not receive a confirmation or response to your complaint within the reaction time.
– The Disputes Committee Copyright deals with a variety of disputes about fees charged, such as an incorrect rate being applied or the fee being unfair in your opinion.
– The amount invoiced cannot exceed € 100,000.-, and you should submit a complaint or a request for change or correction of the invoice to us in accordance with our internal complaint procedure within three months after the fee being invoiced. Cases involving a sum that exceeds € 100,000.- will be referred to the ordinary civil court. It is then up to the court whether they ask the Disputes Committee Copyright for advice before making a decision.
– Is your concern about an invoice with a value of € 50,000.- or more? Then you must place the unpaid amount into the custody of the Disputes Committee Copyright.
– When submitting a dispute a dispute contribution is required. If the Disputes Committee Copyright agree with you, the contribution will be reimbursed to you. The amount of the contribution depends on the amount of the invoice, and ranges from € 50 (for an invoiced amount up to € 2,500) up to € 750 (for an invoiced amount between € 50,000 and € 100,000).
– In its assessment of the amount and the application of a charged fee, the Disputes Committee Copyright will act fairly in every case, and will consider:
- the principle that similar cases should be treated equally;
- the value of the use of the work at its real economic value;
- the nature and extent of the use;
- the self-regulation practice.
– What if the dispute is not taken to court within three months of the ruling of the Disputes Committee Copyright? Then whatever was determined in the ruling of the Disputes Committee Copyright will be deemed to have been agreed between the parties.
More information about the procedure with the Disputes Committee Copyright can be found on the website of the Disputes Committee Copyright.
The Dutch Foundation for Consumer Complaints Board (geschillencommissie.nl) is an independent committee that has the task of settling disputes that have arisen on or after 1 October 2011, between CBOs who are affiliated to the foundation and those who are liable when it comes to the application by or on behalf of the CBOs under the Copyright Law or Law regarding neighbouring rights of fees charged on or after 11 October 2011.
For more information, please refer to the website of the Dutch Foundation for Consumer Complaints Board (geschillencommissie.nl).